Defence of EPA Prosecutions

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A person or company may be charged with a criminal offence under the Environmental Protection Act 2017 in circumstances where there have been serious branches of the law or in case of repeat offenders.

Environmental Protection Act 2017

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This legislation has been introduced with the intention of regulating pollution, waste and contamination from businesses. The Act has established the Environment Protection Authority Victoria as an independent statutory authority with the ability to pursue stronger sanctions and penalties to hold environmental polluters to account. Leanne Warren & Associates have been involved in a number of EPA prosecutions and strive to provide expert advice and obtain the best results for their clients.

Offences under the Act

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Offences under this legislation relate to:
  • Breach and aggravated breach of the general environmental duty (GED).

  • Multiple contraventions of general environmental duty.

  • Transitional duty relating to material harm.

  • Duties relating to pollution incidents.

  • Duties relating to contaminated land.

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First 30 min Consultation FREE

Victoria Legal Aid assistance available (eligibility dependant upon means & merit guidelines stipulated by Victoria Legal Aid)

Penalties under the Act

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Penalties can range from a warning to prosecution in court. Penalties for body corporates are very high, with an upper level of $1.6m to $3.2m. Individuals who commit aggravated offences can get a jail term of up to five years. When considering what penalty to impose the court will consider a range of factors including the following:

  • The seriousness or, conversely, the triviality of the alleged offence.

  • The harm or potential harm to the environment caused by the offence.

  • The harm or potential harm to human health, and/or unreasonable interference or potential unreasonable interference with human comfort or repose.

  • Whether the breach is a continuing or repeat offence.

  • The prevalence of the alleged offence and the need for deterrence, both specific and general.

  • The degree of culpability of the alleged offender in relation to the offence.

Talk to a Professional Today

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Leanne Warren is an accredited criminal law expert specialising in offences under the EPA Act.

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Testimonials

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"Just a short note to say thank you to you and your team for representing me in what was arguably the worst period in my life.

From the start you assured me that everything will work out and quite frankly, l didn’t believe you. l have learnt from you, that even if you make a mistake and ultimately take ownership, not only does it teach you: 1. Not to put yourself in that position again 2. You can be given a second chance 3. With the right Legal representation you can achieve a favourable result.

Thank You for trying to keep me calm throughout this long process. Wish you all the best in the future as mine looks rosy now."

Nic

"Thank you Stacey for assisting and getting a great outcome. We are grateful and very relieved."

Sam

"Thank you very much for your assistance in dealing with my matters. You came into my life when I needed an angel to assist me and thank you for doing what you do. Love your work!"

Grae

"I am extremely happy with the outcome of court it couldn’t have gone any better and It’s all thanks to you and Angela. I cannot express my gratitude enough for what you have done for me and my situation. I also cannot express how much I appreciate everything.

I will forever be grateful for your support and help throughout this whole thing. So again thank you so much! Could you please pass on the message to Angela and tell her how much I appreciate her help as well !"
Tom

"Neil and I would both like to acknowledge the exceptional manner in which you have dealt with our challenging situation. Iva has been terrific to deal with and very patient in difficult circumstances. We are pleased with the outcome today and both feel she did a great job on our behalf.

We would not hesitate to recommend your company to anyone and wish you success and prosperity in the future."
Jenny

"Dear Leanne,

As per our discussion this afternoon, I am willing to accept the prosecutors offer of dropping all charges against me. Please pass on my thanks to Matt for his involvement in this matter, and of course a big thanks to yourself also. I’d give you guys a hug if I could for the professionalism and care that you show in your practice.
All the best to you and your team,"
Ben

"Just wanted to thank you again for today. I’m still in awe at how well it went down today and so quickly all without you barely speaking. My daughter was so happy to see me home when she got home from school. You are a true gem. I am truly grateful, you were the only one who showed me an ounce of interest in my hour of need.

Thank you, thank you thank you. With a performance like today you are going very far in your career!"
Serena

"It’s just started to sink in, what happened at court today and I would like to thank you again for your understanding and support. You made it all much easier J. I am driving back home to work my butt off so I can start my life again."

Matt

"Just wanted to thank you for all the work you have done for my case, charges dropped, good result etc. I really appreciate all you have done for me over the years, so thank you."

Craig

"Cannot ask for a more professional Law firm. Kate was very professional and is the best criminal lawyer. Thank you, Leanne Warren, for putting me on to Kate to represent me; she's the best!"

Michael

Get the Help You Need

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If you or someone you know has been charged with an offence under the EPA Act you should contact the lawyers at Leanne Warren & Associates as soon as possible. Please contact us on 03 9670 6066.